OTU BASSEY EKPENETU V. MFAWA OFEGOBI & ORS

OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the State Houses of Assembly Election Tribunal sitting in Calabar, Cross River State, delivered on 11th November, 2011, in the petition challenging the election of the 1st Respondent into Yakurri I State constituency of the Cross River State House of Assembly, held on the 26th April, 2011.

The brief background facts of this matter are that, sequel to the declaration of the 1st Respondent as the winner of the election into the Yakurri I State Constituency of the Cross River State House of Assembly held on 26th April, 2011, the Appellant filed a petition on 17th May, 2011, to challenge the declaration. The petition was struck out based upon the preliminary objection of the 4th Respondent that the Appellant had failed to disclose his right to present the petition. The Appellant filed an appeal to the court of Appeal Calabar Division against the striking-out order of the Tribunal. …